The OC Board of Supervisors is going to ask the U.S. Department of Justice to reassess the potential prison time for former supervisor Andrew Do.
Though it didn’t receive the unanimous support that the board’s chair, Fourth District Supervisor Doug Chaffee, initially wanted if the request was going to be made, a majority of the board agreed to ask federal prosecutors to reassess Do’s plea agreement and possible sentencing.
Supervisors Chaffee and Janet Nguyen first asked their colleagues at the board’s April 8 meeting to consider making the request.
Do pleaded guilty in October to accepting at least $550,000 in bribes to direct millions of public dollars, mostly from his First District office’s discretionary funds, to the nonprofit Viet America Society to serve meals to seniors in his district. Of the $9.3 million received by the group, only about 15% was spent on the meals, according to Do’s plea agreement.
There is no minimum amount of prison time outlined in the plea agreement Do signed, however, federal prosecutors previously said the bribery charge carries a statutory maximum of five years in federal prison and there was “a good likelihood” that the U.S. Attorney’s Office would pursue that sentence.
Though they aren’t asking for a specific sentence to be considered, the board is asking that the DOJ ensure “that his sentencing aligns with the severity of his subsequent offenses.”
“This blatant attempt to assert political influence in a federal matter is reprehensible,” Paul S. Meyer, Do’s attorney, said Wednesday in response.
Third District Supervisor Don Wagner, the sole supervisor to oppose making the request, said the board is acting “way outside of our lane.”
“We’re asking for additional charges. We don’t know whether those charges are coming or not with this reassessment. We don’t know whether the charges have not been brought as a result of participation in this plea deal, testimony from Mr. Do, cooperation or the lack thereof,” Wagner said. “There’s a whole lot we don’t know.”
The supervisors are also asking the DOJ to continue its investigation of where the public funding went.
“Mr. Do didn’t act alone. That is for certain,” Second District Supervisor Vicente Sarmiento said. “To the extent that there continues to be an investigation, I certainly hope that we start seeing some more activity.”
Do’s sentencing hearing before a judge is scheduled for June.
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